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Father died before divorce was final

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Batman8420

Junior Member
My name is Gia and I live in nj. My parents were in a really disgusting divorce. My father had stage four cancer and he had passed before he was able to divorce his wife. I an the executrix of his will and I am estranged from my mother. My father was seeking to have the divorce bifuricated and was set to go to trial in february. I had gotten a letter from my mothers attorney to sign a stipulation of dismissal for their divorce. What is the reason for this? Can I continue my fathers fight to divorce my mother even though sadly he is gone? They have been seperated and divorced of bed and board for 6 years now.
 


Ohiogal

Queen Bee
My name is Gia and I live in nj. My parents were in a really disgusting divorce. My father had stage four cancer and he had passed before he was able to divorce his wife. I an the executrix of his will and I am estranged from my mother. My father was seeking to have the divorce bifuricated and was set to go to trial in february. I had gotten a letter from my mothers attorney to sign a stipulation of dismissal for their divorce. What is the reason for this? Can I continue my fathers fight to divorce my mother even though sadly he is gone? They have been seperated and divorced of bed and board for 6 years now.
Dead people can not get divorces. Your mother, for all intents and purposes, is now a widow.
 

mistoffolees

Senior Member
Dead people can not get divorces. Your mother, for all intents and purposes, is now a widow.
And the entire process is more complicated. She may be entitled to specific rights as his wife regardless of what's in his will.

I would strongly suggest having an attorney review the situation before doing ANYTHING with the estate.
 

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